Advocates:
['M/s B Sharmila', '', 'B Bharath', 'K RAVIKUMAR AGP TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

W.P.No.4860 of 2019

1.S.Sreekantan Nair

2.V.R.Ashalatha

W/o.S.Sreekantan Nair

3.A.S.Bharat Sree

S/o.S.Sreekantan Nair

4.A.S.Vaisakh Sree

S/o.S.Sreekantan Nair

(Cause title amended as vide order dt.28/02/19 made in

WMP.6553/19 in WP.4860/19

... Petitioners

Versus

1.The Special Commissioner,

Urban Land Ceiling and Urban Land Tax,

Ezhilagam, Chepauk,

Chennai-600 005.

2.The Assistant Commissioner,

Urban Land Tax, Tambaram,

No.153, Karuneegar Street,

Adambakkam, Chennai-600 088.

3.The Tahsildar,

Tambaram Taluk,

Chennai-600 045.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the

Constitution of India, praying for the issue of Writ of Mandamus

directing the 1^st respondent to consider our representation dated

31.01.2019 for regularizing the land comprised in Survey No.9/2A

part 0.47 cents , and survey No.6/2B Part-0.70 cents situated at

Tambaram Village, Tambaram Taluk, Kancheepuram District within

the time stipulated.

(Prayer ameded vide order dt.28.02.19 made in WMP.6557/19 in

WP.4860/19)

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For Petitioner : Mr.P.V.Balasubramanian

for M/s.B.Sharmila

For Respondents : Mr.N.Inbanathan

Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned

Government Advocate for the respondent.

2. The petitioner has purchased the subject property after

paying due sale consideration and verifying encumbrance issued

by the authority. Now, it is brought to the notice that the

property has been taken over by the Government under the Urban

Land Ceiling Act and transfer of patta and the same has been

rejected. The rejection order of the second respondent dated

08.01.2019 is enclosed along with the typed set of papers and it

is contended by the learned counsel that by the said order, the

second respondent rejected the request of the petitioner without

assigning any reason and without appreciating any Government

orders regarding excluding the Urban Land Ceiling Act.

3. It is further contended by the learned counsel that on

receipt of rejection order passed by the second respondent dated

08.01.2019, the petitioner has preferred an appeal to the first

respondent on 30.01.2019 and till date the first respondent has

not passed any order.

3. In the counter filed by the second respondent the reason

for rejecting the request is elaborately stated. Since the

petitioner has now approached the First Appellate Authority vide

appeal dated 31.01.2019, this Court is not intend to advert into

the merits of the counter filed by the second respondent.

4. It is suffice to direct the first respondent to consider

the appeal of the petitioner dated 31.01.2019 and pass

appropriate orders in accordance with law and on merits within a

period of four weeks from the date of receipt of copy of this

order.

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5. With the above directions, this writ petition is disposed

of. There shall be no order as to costs.

Sd/-

Assistant Registrar(CO)

//True Copy//

Sub Assistant Registrar

rpl

To

1.The Special Commissioner,

Urban Land Ceiling and Urban Land Tax,

Ezhilagam, Chepauk,

Chennai-600 005.

2.The Assistant Commissioner,

Urban Land Tax, Tambaram,

No.153, Karuneegar Street,

Adambakkam, Chennai-600 088.

3.The Tahsildar,

Tambaram Taluk,

Chennai-600 045.

+2cc to M/s.B.Sharmila, Advocate sr.50360

+1cc to Government Pleader sr.51231

W.P.No.4860 of 2019

rv(co)

nr 22/07/2019

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